Common use of Xxxxxx of Proof Clause in Contracts

Xxxxxx of Proof. In an action under the Act, the franchisee has the burden of proving that the franchise was terminated or not renewed. The franchisor has the burden of proving, as an affirmative defense, that the termination or nonrenewal was permitted under the Act and, if applicable, that the franchisor complied with certain other requirements relating to terminations and nonrenewals based on condemnation or destruction of the marketing premises.

Appears in 16 contracts

Samples: Distributor Marketing Agreement, Distributor Marketing Agreement, Branded Distributor Marketing Agreement (GPM Petroleum LP)

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Xxxxxx of Proof. In an action under the Act, the franchisee has the burden of proving that the franchise was terminated or not renewed. The franchisor has the burden of proving, as an affirmative defense, that the termination or nonrenewal was permitted under the Act and, if applicable, that the franchisor complied with certain other requirements relating to terminations and nonrenewals based on condemnation or destruction of the marketing premises.. CST MARKETING AND SUPPLY COMPANY

Appears in 1 contract

Samples: Branded Distributor Marketing Agreement (CST Brands, Inc.)

Xxxxxx of Proof. In an action under the Act, the franchisee has the burden of proving that the franchise was terminated or not renewed. The franchisor has the burden of proving, as an affirmative defense, that the termination or nonrenewal non-renewal was permitted under the Act Act, and, if applicable, that the franchisor complied with certain other requirements relating to terminations and nonrenewals non-renewals based on condemnation or destruction of the marketing premises.

Appears in 1 contract

Samples: Marketer Franchise Agreement (Pantry Inc)

Xxxxxx of Proof. In an action under the Act, the franchisee has the burden of proving that the franchise was terminated or not renewed. The franchisor has the burden of proving, as an affirmative defense, that the termination or nonrenewal was permitted under the Act and, if applicable, that the franchisor complied with certain other requirements relating to terminations and nonrenewals based on condemnation or destruction of the marketing premises.. ​

Appears in 1 contract

Samples: Brand Fee Agreement (Global Partners Lp)

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Xxxxxx of Proof. In an action under the Act, the franchisee has the burden of proving that the franchise was terminated or not renewed. The franchisor has the burden of proving, as an affirmative defense, that the termination or nonrenewal non-renewal was permitted under the Act Act, and, if applicable, that the franchisor complied with certain other requirements relating to terminations and nonrenewals non-renewals based on condemnation or destruction of the marketing premises.

Appears in 1 contract

Samples: Marketer Franchise Agreement (Jacobs Entertainment Inc)

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